1928 Present: Garvin. J.

VANDERSMAGT v. JAYAWARDENE.

691-M. C. Colombo, 2,946.

Municipal by-laws-Tree threatening to fall on house and injure occupants -Chairman's powers.

Where a tree does not overhang a street, the Chairman of the Municipal Council has no power to order its removal, unless the Council deems it likely that the tree will fall upon a house or building and injure its occupants.

Sourjah v. Hadjiar 1 [(1914) 18 N. L. R. 31.] not followed.

APPEAL from a conviction by the Municipal Magistrate of Colombo,

H. V. Perera, for appellant.

Choksy, for respondent.

January 16, 1928. GARVIN J.-

The accused was convicted for " failing to remove a coconut tree deemed likely to fall upon the building bearing assessment No. 68, Baseline road, in breach of rule 47, chapter "VIII. of the Municipal Council's by-laws."

He has appealed, and the ground upon which his appeal is based is that the Chairman had no power to call upon him to remove the tree inasmuch as the Council had not considered the matter or " deemed " the tree to be likely to fall upon and injure the occupiers of the building referred to.

By-law 47 empowers the Chair